Occupational Health and Safety in the Workplace- Employee Duties

The Occupational Health and Safety Act 2000 (NSW) outlines the duties of employees in section 20:

(1) An employee must, while at work, take reasonable care for the health and safety of people who are at the employee’s place of work and who may be affected by the employee’s acts or omissions at work.

(2) An employee must, while at work, co-operate with his or her employer or other person so far as is necessary to enable compliance with any requirement under this Act or the regulations that is imposed in the interests of health, safety and welfare on the employer or any other person.

Maximum penalty:

(a) in the case of a previous offender–45 penalty units ($4,950), or

(b) in any other case–30 penalty units ($3,300)

Further duties include:

• a responsibility to abstain from interfering with safety equipment
• a responsibility not to hinder aid to an injured worker
• a responsibility to avoid disruption of the workplace (avoid creating health or safety fears)
Responsibility to abstain from interfering with safety equipment

In taking reasonable care for the health and safety of co-workers, employees have a responsibility not to intentionally interfere with safety equipment. This is punishable by a fine of $4,950 for previous offenders and $3,300 in any other case.

Hindering aid to an injured worker

Employees are not required to provide aid to those injured in the workplace however, it is an offence under the Act to hinder aid to an injured worker. The Act at section 24 states:

(1) A person must not, by intimidation or by any other act or omission, intentionally hinder or obstruct or attempt to hinder or obstruct, without reasonable excuse:

(a) the giving or receiving of aid in respect of the illness or injury of a person at work, or

(b) the doing of any act or thing to avoid or prevent a serious risk to the health or safety of a person at work.

(2) A person at a place of work must not, without reasonable excuse, refuse any reasonable request:

(a) for assistance in the giving or receiving of aid in respect of the illness or injury of a person at work at that place of work, or

(b) for the doing of any act or thing to assist in the avoidance or prevention of a serious risk to the health or safety of a person at work at that place of work.

The penalties for contravening this section of the Act range from $55,000 for an individual who has not committed previous offences; to $825,000 for a corporation who has committed previous offences.

Disruption of the workplace by creating health or safety fears

Finally, it is an offence according to section 25 of the Act for a person to deliberately create a risk to the health and safety of people at a place of work with the intention of causing a disruption of work at that place, without a reasonable excuse. The maximum penalty for this offence is $8,250.

Recklessness resulting in death

Failure to adhere to OH&S law does not have to be a conscious act. Recklessness of either employees or employers as to health and safety issues can incur a punishment, especially when such recklessness results in or substantially contributes to the death of another person. Such recklessness can occur in the form of an act or an omission. Penalties for this offence include $1,650,000 fine for corporations; or a maximum penalty of $165,000 or 5 years imprisonment or both, for an individual.

About the Author: Solicitor Danny Saad has many years experience in Employment Law working with the experienced Sydney Employment Lawyers at Prime Law.